Monday, February 7, 2011

Britain's Policy Shift Re: International Slave Trade

In 1772, an important court case was decided in Britain that would ultimately lead to the end of the international slave trade. In 1769, James Somersett, a slave from the Virginia colony, was taken to Britain with his master Charles Stewart. While in Britain, Somersett escapes, but is re-captured by his master. In an action to determine the legality of Somersett’s re-capture by Stewart, Chief Justice Lord Mansfield ruled, in essence, British common law respecting individual rights outweighed the laws permitting slavery in the American colonies. Somersett (and thousands of other slaves then in Britain) were free. This seminal case signaled a shift in British policy away from the promotion of the slave trade toward one of prohibition. It should be noted, the Somersett case was decided some 85 years prior to the Dred Scott decision (to be discussed later) in which the U.S. Supreme Court on similar facts reached a different conclusion. 
 
Chief Justice Lord Mansfield (1705-1793)
 

 

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